M21-1MR, Part VII, Chapter 3
Chapter 3. Transportation Allowance
1. Eligibility Criteria
Introduction
/ Prior to authorizing payment for the transportation allowance, eligibility must be determined.This topic contains information on factors that affect eligibility for the transportation allowance, including
- location of death, and
- burial in a national cemetery.
Change Date
/ August 14, 2006a. Location of Death
/ VA may authorize the cost of transporting the veteran’s body to the place of burial if the veteran’s death was nonservice-connected and occurred while- en route for VA authorized examination, treatment, or care
- properly hospitalized at a medical center, domiciliary, or nursing home under the direct jurisdiction of VA
- receiving nursing home care authorized under 38 U.S.C. 1720 in a non-VA facility, or
- a patient at an approved State nursing home (38 U.S.C. 2303(a)(1)(B)) and death occurred on or after October 9, 1996.
b. Burial in a National Cemetery
/ VA may authorize reimbursement of the cost of transporting the veteran’s body to the place of burial if the veteran is buried in a national cemetery and either- died of a SC condition
- had a SC condition at the time of death for which he/she was receiving disability compensation, or
- was receiving military retired pay or VA pension at the time of death in lieu of disability compensation.
2. Required Evidence
Introduction
/ This topic contains information on the evidence required by VA to develop claims for the transportation allowance, including- application requirements, and
- statement of account requirements.
Change Date
/ April 26, 2005a. Application Requirements
/ VA Form 21-530 must- be fully completed
- contain the signature of the claimant, and
- contain the signature of the individual who authorized the service, if the claimant provided the service.
b. Statement of Account Requirements
/ A statement of account identifying the charges for transporting the body is required.Reference: For more information on required evidence, see M21-1 MR, Part VII, 1.C.8.
3. Transportation Payable
Introduction
/ Prior to awarding the transportation allowance, the amount payable must be determined.This topic contains information on
- priority of payment
- sharing expenses between the veteran’s estate and another party
- inclusion of taxes in calculating transportation costs
- payment for
an escort accompanying the remains, and
transportation when death occurs in a nursing home, and
- variations in transportation billing methods.
Change Date
/ August 14, 2006a. Priority of Payment
/ When the transportation allowance is payable, in addition to the statutory burial allowance, reimburse the person who paid the cost of transportation, regardless of whether or not expenses associated with burial, funeral services, plot, or interment have been paid.b. Sharing of Expenses Between the Veteran’s Estate and Another Party
/ In some cases, a portion of the expenses for transportation of the veteran’s body are paid from the veteran’s estate, or prepaid by him/her prior to death, while the remainder is paid by another person.In this situation, payment of the transportation allowance to that other person has priority over payment to the veteran’s estate.
Reference: For more information on priority of payments, see M21-1 MR, Part VII, 1.D.12.
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3. Transportation Payable, Continued
c. Inclusion of Taxes in Calculating Transportation Costs
/ In determining the amount of reimbursement payable for transportation expenses, include Federal taxes charged by a common carrier.Reference: For more information on inclusion of taxes in calculating transportation costs, see 38 CFR 3.1606(a)(6).
d. Payment for “Charge for Pickup of Remains”
/ VA allows payment of the “charge for pickup of remains” on a round-trip or flat-charge basis. This charge must not exceed the charges customarily made to the general public.Reference: For more information on payment for “charge of pickup of remains,” see 38 CFR 3.1606(a).
e. Payment for an Escort Accompanying the Remains
/ If the veteran dies while receiving properly authorized VA care, the body is shipped to the place of burial by rail, and the charge for transporting the body is the cost of two first class tickets, VA authorizes an attendant or escort to travel on one of the two required fares, but not if a third fare is required for the escort.The cost or return fare for the attendant or escort is not a proper charge against the burial allowance although it and the third fare charge, when required, may be payable from accrued benefits due as reimbursement.
Note: It is not necessary that the body be shipped on a Government bill of lading.
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3. Transportation Payable, Continued
f. Payment for Transportation when Death Occurs in a Nursing Home
/ Nursing home care in a VA facility, or in a non-VA facility under VA contract, constitutes hospitalization by VA.In this situation, pay the cost of transporting the body in addition to the burial allowance.
References: For more information on
- hospitalization by VA, see 38 CFR 3.1605.
- facilities under VA contract, see 38 U.S.C. 1720.
g. Variations in Transportation Billing Methods
/ In some cases, the bill or receipt for transportation may show either- a lump-sum charge, which includes both
transportation from the funeral home or church to the cemetery, or
- the transportation charges on separate bills or receipts.
4. Partial Payment while Developing Transportation Costs
Introduction
/ This topic contains information on making partial payment of burial benefits while developing transportation costs when- no specific charge for transportation is shown
- a breakdown of the transportation charges are needed, and
- basic eligibility to the transportation allowance exists and death is service-connected (SC).
Change Date
/ April 26, 2005a. Partial Payment when No Specific Transportation Charge Is Shown
/ In some situations, the funeral director may submit a supporting statement of account that makes reference to the use of a hearse, or other term related to transportation, without reporting a specific transportation charge.In this case, ask the claimant to submit an itemized statement showing the
- charge for each removal of the body, and
- points between which transportation was furnished, such as a hospital, cemetery, funeral home, and so on.
b. Partial Payment when a Breakdown of the Transportation Charges Are Needed
/ In some situations, VA needs a breakdown of the transportation charges before reimbursement can be made.In this case
- award the burial allowance without delay on the basis of the other unquestioned items appearing on the supporting statement of account
- inform the claimant of the
evidence reviewed
reason for partial payment, and
additional documentation needed (breakdown of transportation charges), and
- pay the transportation allowance upon timely receipt of the requested evidence.
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4. Partial Payment while Developing Transportation Costs, Continued
c. Partial Payment when Basic Eligibility to Transportation Allowance Exists and Death Is Service-Connected
/ When basic eligibility to the transportation allowance exists and death is SC, but the statement of account does not show a cost for transportation or the bill is not itemized, then- award the full amount of the burial allowance, if the total cost of the funeral equals or exceeds that amount
- request a statement from the funeral director as to whether or not a charge was made for transportation, and
- when the funeral director returns the statement, pay the allowable transportation charge, if any, only if
death was in a VA medical center (VAMC) and burial expenses do not exceed the statutory burial allowance.
Examples:
- If entitlement exists because burial is in a national cemetery and death is SC, pay the statutory allowance plus allowable transportation.
- If entitlement exists because death occurred in a VAMC and death is SC, payment of burial and transportation cannot exceed the statutory allowance.
5. Excessive Charges
Introduction
/ In some situations, a claim is submitted for reimbursement of transportation charges that appear to be excessive.This topic contains information on
- excessive charges claimed by a funeral director, and
- payment for
for hearse transportation over long distances.
Change Date
/ April 26, 2005a. Excessive Transportation Charges Claimed by a Funeral Director
/ If a charge for transportation on an unpaid funeral director’s supporting statement of account appears to be excessive, request that the funeral director state if the charge in question is in the same amount he/she charges the general public for the same service.Note: Make this request only if the charge is substantially inconsistent with that made by other funeral directors in that particular locality.
b. Payment for Air Transportation
/ Air transportation may be authorized when deemed advantageous on- the basis of urgency and funeral arrangement details, and
- a cost basis, when compared to any other form of transportation.
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5. Excessive Charges, Continued
c. Payment for Hearse Transportation over Long Distances
/ It is neither required nor intended that itemized charges for transportation by hearse be routinely questioned.If transport by hearse was provided over a long distance when the services of a common carrier were readily available, limit the amount of payment for such transportation to the common carrier rates, including hearse charges to and from the common carrier terminals.
Limit the payment to the common carrier rates only if it is apparent that a common carrier should have been used and would not have imposed any hardship on the family or caused undue delay of the funeral or burial.
Reference: For more information on transportation by hearse, see 38 CFR 3.1606(b).
6. Payment for Transportation to a National Cemetery
Introduction
/ This topic contains information on transportation costs to a national cemetery for burial after October 1, 1976, and- definitions of
last place of residence, and
place of death, and
- determining the amount of payable transportation costs.
Change Date
/ April 26, 2005a. Definition: Nearest National Cemetery
/ The nearest national cemetery is defined as either- a cemetery
that is the closest, geographically, to the veteran’s last place of residence
where space is available, and
where the veteran is eligible for burial, or
- a national cemetery where burial space was reserved for the veteran, usually when there has been interment in that space of a dependent who died before the veteran, prior to death.
b. Definition: Last Place of Residence
/ The last place of residence is where the veteran lived at the time of death.Example: The legal domicile or a temporary residence, if more advantageous to the claimant.
Unless the claimant affirmatively shows it to be elsewhere, accept the place of last residence as the
- home address to which checks were being mailed, if the veteran was in receipt of VA benefits at the time of death (a home address is not a bank address, post office box, or the address of the fiduciary), or
- address shown as the residence of the deceased on the death certificate.
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6. Payment for Transportation to a National Cemetery, Continued
c. Definition: Place of Death
/ The place of death is the place shown by the death certificate or other acceptable evidence of death.Reference: For more information on acceptable evidence of death, see 38 CFR 3.211.
d. Burial Occurring after October 1, 1976
/ If transportation costs are not payable under 38 CFR 3.1605, VA may pay the costs of transportation to a national cemetery, as provided by 38 CFR 3.1600(g), in addition to the basic NSC or SC burial allowance, if the veteran- died of a SC condition
- had a SC condition at the time of death for which he/she was receiving disability compensation, or
- was receiving military retired pay or VA pension in lieu of disability compensation.
Note: A determination of entitlement to compensation under 38 U.S.C. 1151 is not a grant of service connection for the disability or death. Therefore, such entitlement would not satisfy the criteria specified above for national cemetery transportation eligibility.
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6. Payment for Transportation to a National Cemetery, Continued
e. Determining the Amount of Payable Transportation Costs
/ Follow the steps in the table below to determine the amount of transportation costs payable when processing an award to pay transportation costs to a national cemetery.Step / Action
1 / Was the veteran buried in a national cemetery nearest his/her last place of residence?
- If yes, pay the total cost of all transportation charges as defined in 38 CFR 3.1606.
- If no
go to Step 2.
Note: It is generally not necessary to develop, ascertain, or verify the last place of residence, unless the claimant affirmatively shows it to be elsewhere.
2 / Ask the claimant to provide the costs that would have been incurred to transport the deceased veteran to the closest national cemetery with available space.
3 /
- Pay the lesser of the two amounts provided when a response is received from the claimant, and
- provide a full explanation to the claimant if the payment authorized is less than the amount initially claimed.
7. Payment to an Estate
Introduction
/ Claims for the transportation allowance may be received from a deceased person’s estate.This topic contains information on
- when to pay the deceased veteran’s estate for transportation charges
- paying the deceased veteran’s estate upon notice of closure of the estate
- when to pay a deceased claimant’s estate
- claims by a legal representative of an estate
- acceptable claims for reimbursement of transportation costs
- payment under intestacy laws
- finance activity’s responsibility, and
- escheat (funds reverting to the State).
Change Date
/ August 14, 2006a. When to Pay the Deceased Veteran’s Estate for Transportation Charges
/ Pay the administrator or executor of the deceased veteran’s estate when transportation charges- have been paid from the funds of the deceased veteran’s estate, or
- were prepaid by the veteran prior to death.
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7. Payment to an Estate, Continued
b. Paying the Deceased Veteran’s Estate upon Notice of Closure of the Estate
/ Follow the steps in the table below if, prior to approval of an award, VA receives notice that the veteran’s estate has been closed.Step / Action
1 / Obtain a certified copy of the following from the claimant:
- discharge of the fiduciary, and
- court order of distribution.
2 / Pay the person or persons identified in the court order of distribution.
3 / If there are co-administrators or co-executors, prepare the award with their joint names.
Note: If no administrator or executor has been appointed, pay the person acting for the estate who will make distribution under the existing laws of the State of the decedent’s domicile.
Reference: For more information on paying the person acting for the estate, see M21-1 MR, Part VII, 3.7.e.
c. When to Pay to a Deceased Claimant’s Estate
/ Pay the administrator or executor of the deceased claimant’s estate if the person entitled to payment has filed a claim, but died before- adjudication was complete, or
- the check was issued.
- died before the veteran
- died before the veteran was buried, or
- was deceased at the time the expenses were incurred or paid.
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7. Payment to an Estate, Continued
d. Claim by a Legal Representative of an Estate
/ In some cases, the person whose personal funds were used to pay the transportation expenses dies before filing a claim for the transportation allowance.In this situation, a legal representative of this person’s estate may file a claim.
Example: The administrator, executor, or person who will be responsible for distribution of the estate under the intestacy laws of the State of the deceased person’s domicile.
Reference: For more information on time limits for filing claims, see M21-1 MR, Part VII, 1.A.4.
e. Acceptable Claims for Reimbursement of Transportation Costs
/ Accept VA Form 21-601, Application for Accrued Amounts Due a Deceased Beneficiary, as a claim for reimbursement of transportation costs to a deceased claimant’s estate.Note: If a deceased claimant filed an informal claim, but not a formal one, the administrator or executor is required to
- complete VA Form 21-530, Application for Burial Benefits, and
- furnish the necessary supporting evidence.
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7. Payment to an Estate, Continued
f. Payment under Intestacy Laws
/ When no administrator or executor is appointed for the estate of the deceased veteran or claimant, make distribution under the intestacy laws of the State of his/her legal domicile.Follow the steps in the table below to process a payment under intestacy laws when you receive a claim filed on VA Form 21-601,Application for Accrued Amounts Due a Deceased Beneficiary, by someone acting for the estate.
Step / Action
1 / Determine the order of payment of debts and heirs.
2 / Send VA Form 21-601,Application for Accrued Amounts Due a Deceased Beneficiary, to each person found to be entitled, who has not yet submitted an application.
3 / If payment is to be made to the heirs, the amount payable may be paid to one heir on the unconditional written consent of all other heirs.
Reference: For more information on waivers, see 38 CFR 3.1601(b)(4).
g. Finance Activity’s Responsibility
/ The finance activity will make settlement when checks issued before or after the claimant’s death were not negotiated.h. Escheat
/ In the absence of a statement from any public or private source that the transportation reimbursement will escheat (be turned over to the State), make no inquiry as to the possibility of escheat.3-1